ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 9

The representative character theory,
which considers the diplomatic mission
as personifying the sending state and the
diplomat as representative of the foreign
sovereign.

As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction. Therefore, the correct option is B.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, the nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime (for example, piracy). Therefore, the correct option is D.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Therefore, the correct option is E.

The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:

• The state where the crime is committed generally has the strongest interest in punishing the criminal;

• The local forum is the most convenient one, since the witnesses and other facilities are most probably available there;

• The offender is most likely to be found there,

• To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time

Therefore, the correct option is B.

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad. Therefore, the correct option is A.

Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory. Therefore, the correct option is C.

Juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person. Therefore, the correct option is A.

Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is E.

Extradition: The surrender by one state to another of a person accused of committing an offence in the latter. Therefore, the correct option is E.

Delicts jure gentium: wrong against the “Law of Nations.” Therefore, the correct option is C.

The Draft Articles established:

In the Corfu Channel case (Merits) (1949), the International Court of Justice (ICJ) held that Albania “is responsible under international law for the explosions which occurred in Albanian waters, and for the damage and loss of human life which resulted there from.”

The Greenpeace ship Rainbow Warrior was sunk in Auckland harbor by French agents on July 10, 1985, which was an attributable conduct. The French Government subsequently admitted that explosives were planted on the ship by agents on the orders of the Directorate General of External Security. New Zealand sought and received an apology and compensation from France for the violation of its sovereignty (No. 1, 1986). The UN Secretary-General mediated in the matter.

Diplomatic protection is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted.

Jurisdiction ratione temporis (temporal jurisdiction) refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time

The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses):

Force majeure as a defense is available only where the following three elements are met:

The act in question must be brought about by an irresistible force or by an unforeseen event,​

Which is beyond the control of the State concerned,​

Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act.

A person who, under the law of a particular state, is not a citizen of that state is called an "alien".